Doing a u-turn on selling?

[Rowreach]

But it's how most loans work, it's just how it is. If you want to realise the increase in value due to work put in, then usually you need to own the horse or to have pre agreed the issue from the start with the owner.

Yes but in this instance the OP has given given the loaner first refusal and has discussed a price and is now considering reneging on that, taking the horse back and sending him on sales livery where she hopes he will sell for £6k. The suggestion from Cortez was to offer to sell the horse to the loaner now for that increased price.

If I were the owner I'd be taking account of what the loaner has put into it in terms of time, expense, added value and the convenience to me of not having to worry about the horse for a considerable time. And then I'd look at what it might cost me in sales livery, other expenses, what the horse would realistically achieve, and what I would do if it fails a vetting, and I'd most likely think that selling at the originally discussed price to the loaner would make sense. Not to mention the moral obligation I would feel if I'd previously offered her first refusal.

 

[ChesnutsRoasting]

I can understand that over time she probably doesn't think you need such regular communication any more, as you must now trust that she's looking after him OK. You promised her first refusal so you should stick to that. Give her a deadline to come back to you with a decision on whether she wants him, and if she says yes give her a deadline to pay by. That will show you how serious she is. If she doesn't meet either deadline remove him to sales livery. But mean it and do it. No faffing around if she doesn't meet the deadline. Yes you could lose money on sales livery, but he could go lame in her care and halve in value tomorrow, so if you need the money go for it!

This.

 

[Blixen Vixen]

OP it’s your horse and you can do what you like, that’s the bottom line here. There’s no obligation on you to be overly generous to the loaner. Simply ask her does she want to buy at your asking price, minus the cost of sales livery. If not sell him to someone who can afford him.

 

[Cecile]

I would go see your horse and talk face to face with the loaner, text/email/messages is rubbish to sort this out
Her life may be going in a different direction and she may want to return your horse within the next few months or not wish to purchase your horse any longer, loaning may suit her needs better, until you sit and talk to her you won't know

If she still wishes to buy your horse she will save on vetting/transport etc
If you would like the loaner to buy, you would save on transport/sales livery/expenses
If the loaner wants to keep your horse and actually wishes to buy him for a price that makes you all happy, the outcome for horse, loaner and you is perfect

 

[AmyMay]

Yes but in this instance the OP has given given the loaner first refusal and has discussed a price and is now considering reneging on that, taking the horse back and sending him on sales livery where she hopes he will sell for £6k. The suggestion from Cortez was to offer to sell the horse to the loaner now for that increased price.

If I were the owner I'd be taking account of what the loaner has put into it in terms of time, expense, added value and the convenience to me of not having to worry about the horse for a considerable time. And then I'd look at what it might cost me in sales livery, other expenses, what the horse would realistically achieve, and what I would do if it fails a vetting, and I'd most likely think that selling at the originally discussed price to the loaner would make sense. Not to mention the moral obligation I would feel if I'd previously offered her first refusal.

Beautifully put.

 

[honetpot]

Its a loan, what ever you put in in running costs, its not yours.
As I understand it it's a well trained horse, so it shouldn't have needed much if any work. When you loan you are effectively renting a horse, the rent is the running costs, because you pay the running costs it does not effectively become yours. And what if you ruin the horse? When mine came back they often had to horse borstal for a couple of weeks to iron out the kinks, and these where schoolmasters. Should the loaner be charged for any changes in behaviour or loss of form?
As a loaner sometimes you loan because something changed, I loaned when I was pregnant, I was not sure I would have time to ride, but the horse was point and play. I could have left him where he was, it was costing me very little but I thought someone else could have the pleasure, which they did.
For an agreement to be made both parties have to agree to it, I could offer to sell you my car for £500, but until you say yes and agree the price its not a done deal. Try selling a house on an if this happens basis. So until the offer is made and accepted there is not contract apart from the loan, which is a loan, the loaner has no financial interest, what ever they have spent.

 

[ester]

I presumed it was a schoolmaster when it went.

Which is why when it sounded like a firm offer had not been made to the loaner, only the odd comment in passing I said that the OP should give her first refusal for whatever price the OP is happy with but that it is sensible to take into account not needing to pay sales livery, or risk a vetting.

 

[Hawkings]

Yes but in this instance the OP has given given the loaner first refusal and has discussed a price and is now considering reneging on that, taking the horse back and sending him on sales livery where she hopes he will sell for £6k. The suggestion from Cortez was to offer to sell the horse to the loaner now for that increased price.

If I were the owner I'd be taking account of what the loaner has put into it in terms of time, expense, added value and the convenience to me of not having to worry about the horse for a considerable time. And then I'd look at what it might cost me in sales livery, other expenses, what the horse would realistically achieve, and what I would do if it fails a vetting, and I'd most likely think that selling at the originally discussed price to the loaner would make sense. Not to mention the moral obligation I would feel if I'd previously offered her first refusal.

I think this is what I’ll probably do - I just needed some clarity on it all. Just to be clear I would always offer the loaner first refusal, I don’t want to go back on my word on that, it’s just that I might have to reconsider the price.

Ironically if she was better at communication I would feel less ‘cheated’ I guess that she’s getting such a good deal on him and wouldn’t mind selling him for the original price I mentioned. Either way I think I need to have a frank conversation in person about why she’s not keeping me informed about things so much any more. Yes she does always respond eventually, but after the last episode of her going AWOL I was on the verge of sending my partner down to the yard to make sure the horse was there and everything was ok, when she eventually responded; perhaps she doesn’t realise how much stress and worry it caused. I have a colicky 8 week old baby at the moment and honestly the last thing I need right now is to be chasing someone up constantly. Thanks for all your suggestions.